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Accident damages the main research

Author: ZhouJian
Tutor: LiuJingWei
School: China University of Political Science
Course: Legal
Keywords: Traffic Accidents Damages The main responsibility
CLC: D922.14
Type: Master's thesis
Year: 2009
Downloads: 273
Quote: 3
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Abstract

With the rapid development of the socio-economic reform and opening up, China's vehicle population in the rapid growth at the same time, motor vehicle traffic accidents caused tremendous losses, arising from the traffic accident disputes has become a serious social problem. Accident damages, Liability Entity showing the diversity and complexity. In this paper, to take the comparative analysis of a combination of methods and empirical research, based on China's legislative and judicial practice, comparative law on inspection, to learn from developed countries and regions experience, to establish specific criteria to judge traffic accident damages the main responsibility, and part of The specific responsibilities of the main body of the traffic accident types were analyzed. The first part of the traffic accident damages the subject of comparative law on the inspection, a total of five modes. The first model from the owner of the vehicle, the person in possession insurance and driving people to be liable for compensation; second model by the driver liable for damages; the third mode from the \mode by the owner, the person in possession and other motor vehicle insurance liability; fifth modes, only the provisions of the judgment for damages the main criteria. Investigation on comparative law, damages the main criteria should be considered for their own use management, control of vehicle operation, has a disposition for the interests of vehicle operation and other factors. The second part of the legislative and judicial practice, and elaborated on China traffic accident damages the main responsibility of Legislation including the \At the same time, the legislature related to the draft law were investigated. The third part is the theoretical basis of specific criteria to judge the traffic accident damages the main responsibility. The theoretical basis of open theoretical danger, danger control theory, reward theory, risk diversification theory. On this basis, should be taken to the attribution of ownership, the actual control, the distribution of benefits of combining criteria. The fourth part analyzes the specific responsibilities of the main part of the traffic accident type. The first one is based on the will of the owner of the vehicle and the state of separation the main responsibility, including borrowing, contracting, leasing, sent to the repair, storage, guarantee the right quality, anchored chain the sale of the procedures for transfer, financing, leasing, trade learning driving skills, retention of title installment sale of the situation. The second right and wrong based on the will of the owner of the vehicle, the main responsibilities of the state of separation, including the robbery after the accident, unauthorized driving. The third is the responsibility of the main drivers perform their duties in traffic accidents. The fourth is the situation of the country as a liability for damages subject. The fifth is the main responsibility for self-defense, the emergency special circumstances of traffic accidents. In short, the legislative model, the development of specialized motor vehicle accident damages law, establishing the general principles and specific criteria to judge the traffic accident damages the main responsibility, and take the cited provisions of the responsibility of the main part of the traffic accident types. Judicial practice should be based on the motor vehicle the ownership of the actual control, the standard of the distribution of benefits, accident precedent guiding mechanism to maximize the unified application of the law, to ensure that the traffic accident damage compensation in the field of equity and justice.

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